Terms of Service

These Terms of Service ("Terms") govern your access to and use of Rohimaya Health AI's products and services, including EclipseLink AI and Phoenix & Peacock Honors™ (collectively, "Services"). By accessing or using our Services, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

1. Acceptance of Terms

By registering for an account, accessing our platform, or using our Services, you represent that:

• You are at least 18 years of age
• You are authorized by your healthcare organization to use the Services
• You have the legal capacity to enter into this binding agreement
• Your use complies with all applicable federal, state, and local laws

2. Services Description

2.1 EclipseLink AI

A voice-powered clinical handoff platform that generates SBAR reports, provides predictive patient alerts, and facilitates care coordination. EclipseLink AI is a clinical decision support tool and does not replace professional medical judgment.

2.2 Phoenix & Peacock Honors™

A gamified recognition system that celebrates healthcare excellence, safety achievements, and team collaboration. Participation is voluntary and does not affect employment status or compensation (unless explicitly agreed upon with your employer).

3. User Responsibilities

3.1 Account Security

• Maintain confidentiality of your login credentials
• Enable multi-factor authentication (MFA) when available
• Immediately report any unauthorized access or security breaches
• Do not share your account with others
• Log out from shared or public devices

3.2 Professional Use

• Use Services only for legitimate clinical or professional purposes
• Comply with HIPAA, state privacy laws, and organizational policies
• Verify accuracy of all AI-generated content before clinical use
• Exercise independent clinical judgment at all times
• Do not rely solely on predictive alerts; use as supplemental information

3.3 Prohibited Conduct

You agree NOT to:

• Access or attempt to access data you are not authorized to view
• Reverse engineer, decompile, or disassemble the Services
• Introduce malware, viruses, or harmful code into the platform
• Scrape, harvest, or extract data using automated tools
• Interfere with system security or integrity
• Use Services to violate any laws, regulations, or third-party rights
• Upload false, misleading, or fraudulent information
• Harass, abuse, or harm other users or patients

4. HIPAA Business Associate Agreement

Rohimaya Health AI acts as a Business Associate under HIPAA. Your healthcare organization ("Covered Entity") must execute a separate Business Associate Agreement (BAA) before using Services that involve Protected Health Information (PHI).

• The BAA governs our handling of PHI and takes precedence over conflicting provisions in these Terms
• We will use and disclose PHI only as permitted by the BAA and HIPAA
• Breach notification procedures are outlined in the BAA
• Contact [email protected] to request a BAA

5. Clinical Disclaimers and Limitations

5.1 Not a Substitute for Medical Judgment

EclipseLink AI is a clinical decision support tool, not a diagnostic or treatment device. It does not replace professional medical judgment, clinical expertise, or direct patient assessment.

5.2 AI Limitations

• AI-generated SBAR reports may contain errors or omissions
• Predictive alerts are probabilistic and may have false positives or negatives
• Voice transcription accuracy depends on audio quality and accents
• Users must verify all information before taking clinical action

5.3 No Medical Advice

Our Services do not provide medical advice, diagnosis, or treatment. Always seek the advice of qualified healthcare professionals for medical questions or emergencies.

6. Payment and Subscription Terms

6.1 Fees

Pricing is determined through individual contracts with healthcare organizations. Fees may be based on:

• Per-user subscriptions
• Volume-based pricing (number of handoffs/patients)
• Enterprise licenses
• Custom arrangements

6.2 Billing

• Fees are billed in advance on a monthly or annual basis
• Payment is due within 30 days of invoice date
• Late payments may incur interest charges or service suspension
• Prices are subject to change with 60 days' notice

6.3 Refunds

Fees are non-refundable except as required by law or specified in your contract. You may cancel at the end of your subscription term with 30 days' notice.

7. Intellectual Property Rights

7.1 Rohimaya's Ownership

We retain all rights, title, and interest in:

• The Services, software, platform, and underlying technology
• Trademarks: "Rohimaya Health AI," "EclipseLink AI," "Phoenix & Peacock Honors™"
• AI models, algorithms, and predictive analytics systems
• Documentation, training materials, and user interfaces

7.2 Your Data

• You retain ownership of all patient data and PHI entered into the Services
• You grant us a limited license to process your data to provide Services
• We may use de-identified, aggregated data for analytics and product improvement

7.3 Feedback

Any suggestions, ideas, or feedback you provide becomes our property and may be used without compensation or attribution.

8. Warranties and Disclaimers

8.1 Limited Warranty

We warrant that the Services will perform substantially as described in our documentation under normal use. This warranty is valid for 90 days from the date of initial access.

8.2 Disclaimer

9. Limitation of Liability

10. Indemnification

You agree to indemnify, defend, and hold harmless Rohimaya Health AI and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorneys' fees) arising from:

• Your violation of these Terms
• Your misuse of the Services
• Medical malpractice or patient care decisions made using the Services
• Violation of third-party rights or applicable laws
• Unauthorized access to patient data

11. Service Availability and Maintenance

• We target 99.9% uptime but do not guarantee uninterrupted access
• Scheduled maintenance will be announced at least 48 hours in advance
• Emergency maintenance may occur without notice to address security issues
• Downtime credits may be available under enterprise SLAs

12. Termination

12.1 By You

You may terminate your account at any time by providing 30 days' written notice. Fees paid for the current term are non-refundable.

12.2 By Us

We may suspend or terminate your access immediately if:

• You breach these Terms or applicable laws
• Your account poses a security risk
• Payment is more than 30 days overdue
• Required by law or legal process

12.3 Effect of Termination

• You will have 30 days to export your data after termination
• We will delete or anonymize your data per our retention policy
• Outstanding fees remain due
• Sections 4, 7, 8, 9, 10, and 13 survive termination

13. Modifications to Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Continued use after changes constitutes acceptance. If you disagree, you may terminate your account.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of [Your State], without regard to conflict of law principles.

14.2 Arbitration

Disputes will be resolved through binding arbitration in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules. Arbitration will take place in [Your City, State]. Each party bears its own costs.

14.3 Class Action Waiver

You agree to resolve disputes on an individual basis only. Class actions, class arbitrations, and representative actions are prohibited.

15. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Rohimaya Health AI
• Severability: If any provision is invalid, the remaining provisions remain in effect
• Waiver: Failure to enforce a right does not waive that right
• Assignment: You may not assign these Terms without our written consent
• Force Majeure: We are not liable for delays caused by events beyond our reasonable control

16. Contact Information

Questions about these Terms? Contact us: